A Joint Division of the Institution of Civil Engineers and
the South African Institution of Civil Engineering

Preparing Contract Data - Option2

Preparing Contract Data

The following data should be inserted into the Contract Data provided by the Employer for an ECC3 contract.Other contracts in the NEC3 family will be similar.

Option 2:     Choosing an Adjudicator after contract award:  The Party intending to refer the first dispute to adjudication selects two persons from the ICE-SA Panel of NEC Adjudicators, confirms their availability. The other Party selects which of the two is to be the Adjudicator

Data for Option W1

 

Guidance notes

The Adjudicator is

the person selected by the Parties in terms of the relevant Z Clause from the Panel of NEC Adjudicators set up by ICE-SA - a joint Division of the Institution of Civil Engineers and the South African Institution of Civil Engineering (see www.ice-sa.org.za)..

Insert Z clause (see below)

The Adjudicator nominating body is:

The Chairman of ICE-SA - a joint  Division of the Institution of Civil Engineering and the South African Institution of Civil Engineering (see www.ice-sa.org.za)..

 

The tribunal is:

. . . . . . . . . . .

Insert “arbitration” or a “South African Court of Law”

If the tribunal is arbitration add:

The arbitration procedure is

As set out in the Rules for the Conduct of Arbitrations Fifth Edition 2005 published by the Association of Arbitrators (Southern Africa)

Alternatively state:

As set out in the Rules of the Arbitration Foundation of Southern Africa.

Or, in the case of an international contract,

As set out in the UNCITRAL Arbitration Rules.

The place where arbitration is to be held is

. . . . . . . . . . .

Insert town or city where arbitration is to be held

The person or organisation who will choose an arbitrator

-           if the Parties cannot agree a choice or

-           if the arbitration procedure does not state who selects an arbitrator, is

The Chairman of the  Association of Arbitrators (Southern Africa).

Alternatively state:

The Chairman of the Arbitration Foundation of Southern Africa

 

The following Z clause should be added where use is made of the ICE-SA Panel of NEC Adjudicators after award i.e. Option 2:

Z

Additional conditions of contract

 

 

The additional conditions of contract are:

 

Z1

Selection and appointment of the Adjudicator

A Party may at any time notify the other Party of the names of two persons he has chosen from the Panel of NEC Adjudicators set up by ICE-SA- a joint Division of the Institution of Civil Engineers and the South African Institution of Civil Engineering (see
www.ice-sa.org.za) whose availability to act as the Adjudicator the notifying Party has confirmed. The other Party selects one of the two persons chosen to be the Adjudicator within four days of receiving the notice, failing which the person chosen by the notifying  Party will be the Adjudicator. The Parties appoint the selected Adjudicator under the NEC3 Adjudicator’s Contract, June 2005.